...Eric Swalwell sues Trump and close allies over Capitol riot in second major insurrection lawsuit

[DonViejo]

Source: CNN

House impeachment manager Eric Swalwell sues Trump and close allies over Capitol riot in second major insurrection lawsuit

By Katelyn Polantz and Devan Cole, CNN

Updated 8:33 AM ET, Fri March 5, 2021

Washington (CNN)Former House impeachment manager Eric Swalwell has sued former President Donald Trump, his son Donald Trump Jr., Rudy Giuliani and Republican Rep. Mo Brooks in a second major lawsuit seeking to hold Trump and his allies accountable for inciting the insurrection at the US Capitol on January 6.

The new lawsuit filed on Friday by Swalwell, a California Democrat who helped to lead impeachment arguments against Trump for inciting insurrection, follows a similar suit filed last month by Rep. Bennie Thompson against Trump, Giuliani and the extremist groups the Oath Keepers and Proud Boys. Swalwell's case makes some of the same claims as Thompson's -- citing a civil rights law meant to counter the Ku Klux Klan's intimidation of elected officials.

But it also alleges Trump, Trump Jr., Giuliani and Brooks broke Washington, DC, laws, including an anti-terrorism act, by inciting the riot, and that they aided and abetted violent rioters and inflicted emotional distress on the members of Congress.

"The Defendants, in short, convinced the mob that something was occurring that -- if actually true -- might indeed justify violence, and then sent that mob to the Capitol with violence-laced calls for immediate action," the lawsuit, in Washington, DC's federal District Court, alleges.

Read more: https://www.cnn.com/2021/03/05/politics/trump-lawsuit-insurrection-eric-swalwell/index.html

---

READ: Rep. Eric Swalwell's lawsuit against Trump, Trump Jr., Giuliani and Mo Brooks

https://www.cnn.com/2021/03/05/politics/swalwell-trump-giuliani-brooks-lawsuit/index.html

[ananda]

1. There appear to be some possible hurdles.

From the same article:

The lawsuits will unfurl as Trump faces mounting pressures in investigations by House committees that seek his financial records, as well as in criminal probes related to his private business and his post-election actions. He has not been charged with any crime.

Friday's suit could bump up against free speech protections for speakers at the rally, as well as immunity Trump could try to claim he had while serving as president. All of the elected officials in the lawsuit, including Trump, are named in their personal capacities in court, meaning they would use private lawyers and not be shielded by their public offices.
But should either this suit or Thompson's proceed, it would mean the former President and his allies would be subject to discovery and depositions, potentially exposing details and evidence that weren't released during the Senate impeachment trial.

[BlueStater]

3. "free speech protections"

If you lie to someone over and over again until the point they commit a violent crime, that shouldn’t count as free speech.

[mopinko]

6. exactly equivalent to shouting fire in a crowded theater.

exactly equal. no, the 1st amendment does not include lies from the most powerful man in the world.

[ProudMNDemocrat]

2. Smart move on Rep. Swalwell's part.

He'said no dummy, that is for sure.

[RAB910]

4. I would like to smack the idiot who came up with "defund the police" in the back of the head

The right couldn't have invented a better talking point

[twodogsbarking]

5. Lawsuits against El Trumpo

are like stabbing him with his own sword, repeatedly.

[oasis]

7. Give 'em the works. Bigtime.

[Yo_Mama_Been_Loggin]

8. Should be a class action suit

[Aerator]

9. They say it's free speech

And at the same time Ky is proposing a law that just passed out of committee making it a crime to taunt,insult, make gestures at law enforcement by protesters during a riot . A riot is defined by 5 or more protesters.The Bill gives law enforcement the right take defensive action against them ..Basically saying if you insult a cop they will beat your ass with the blessing of the government.

[iluvtennis]

10. Swalwells lawsuits complements the one by the NAACP and REp Bennie Thompson who filed lawsuit

against trump and ghouliani for "violating the Ku Klux Klan Act of 1871, which prohibits two or more people from conspiring to "prevent, by force, intimidation, or threat," any office-holder from performing their duties."

https://www.cbsnews.com/news/naacp-trump-lawsuit-bennie-thompson/

[Blue Owl]

11. K&R